Excess and Access: Consensus on the American Civil Justice Landscape

Abstract

This report highlights areas of substantial agreement among attorneys and judges as revealed in four recent studies. The following groups were surveyed: American College of Trial Lawyers; American Bar Association Section of Litigation; National Employment Lawyers Association; state and federal trial judges. Together, the survey results represent the opinions of approximately 6,800 legal professional nationwide. These opinions can be generalized to the larger groups from which they come, which collective membership numbering in the tens of thousands. The surveys asked general questions about the American civil justice process. Focusing on consistencies among the four populations suggests a plausible theory: cost inefficiencies in the civil justice process reduce court access, delay contributes to unnecessary cost, and discovery procedure is a key factor with respect to both cost and delay. The survey results provide a starting point for further research on such a theory and on how the process might be improved without affecting fairness.